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The 360 Series

How to organise your estate according to your wishes

Swiss inheritance law provides a default framework for distributing an estate. Yet every family has its own circumstances, priorities and concerns. A will or an inheritance agreement allows you to adapt the legal framework to your personal situation, protect the people who matter most and organise the transfer of your wealth according to your wishes.

Découvrez comment organiser votre succession selon vos volontés.
Découvrez comment organiser votre succession selon vos volontés.
Découvrez comment organiser votre succession selon vos volontés.
Découvrez comment organiser votre succession selon vos volontés.
Episode 4/9
Épisode 4 sur 9

Why prepare a will if the law already determines who inherits?​‌

After learning how the Swiss order of succession works, many people ask the same question: If the law already determines who inherits, why do I need a will?

The answer is simple: the law provides a standard solution.

It does not know your family relationships, your values, your priorities or the financial realities of the people around you.

It does not know:

  • that you would like to provide additional protection for your spouse;

  • that one of your children has specific needs;

  • that you live with an unmarried partner;

  • that your assets consist mainly of a property;

  • that you wish to support a charitable organisation;

  • that one child is expected to take over the family business.

A will introduces a personal dimension into the transfer of your wealth.

It allows you to express your wishes and shape the future distribution of your estate within the framework allowed by Swiss law.

It is also important to remember that a will applies only to the assets that actually form part of the estate. For married couples, the matrimonial property regime continues to play a crucial role because it determines which assets belong to the surviving spouse before inheritance rules are applied.

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Your wishes

How do you create a valid will in Switzerland?​‌

A will, one of the most widely used estate planning tools, is a document by which a person determines what will happen to their estate after their death.

To be legally valid, it must comply with specific formal requirements.

The three types of will

  • The holographic will

    The holographic will is the simplest and most common form of will in Switzerland.​‌

    It must be:

    • entirely handwritten;

    • dated;

    • signed.

    It is also recommended that the place of drafting be specified, in order to ensure that the will was drawn up in Switzerland and that, consequently, no other law applies.

    A document typed on a computer and merely signed does not qualify as a valid holographic will.

  • The public will

    A public will is drawn up with the involvement of a notary or another competent authority, and is then signed in the presence of witnesses in accordance with the applicable rules.​‌

    For people who are of sound mind but can no longer see or write, a public will is the only form of will available.

    This form often provides greater legal certainty, particularly in complex family or wealth situations.

  • The oral will

    An oral will is permitted only in emergencies, when the testator is unable to set out their last wishes in the usual manner, for example because they are seriously injured or in mortal danger.

    In such cases, the presence of two witnesses who are neither related to the deceased nor beneficiaries of the will is required. The witnesses must then immediately have the deceased’s wishes certified by the relevant administrative authorities.

    An oral will ceases to be valid fourteen days after the testator is once again able to draw up a holographic or public will.

What can you include in a will?​‌

A will gives you significant flexibility, provided compulsory portions are respected. 

It may allow you to:

  • distribute the freely disposable portion differently;

  • favour an heir;

  • favour a person who is not a legal heir.

  • leave a specific asset;

  • create a legacy;

  • appoint an executor;

  • organise specific arrangements for certain assets.

 

Leaving a specific asset through a legacy​‌

A will does not necessarily need to change the distribution of the entire estate.

Sometimes the objective is simply to leave a particular asset or a specific sum of money to an individual.

This is the role of a legacy.

A legacy might take the form of:

  • cash;

  • an investment portfolio;

  • a family heirloom;

  • a work of art;

  • a vehicle;

  • real estate.​‌

What is the difference between an heir and a legatee?

An heir participates in the overall distribution of the estate.

A legatee receives only the asset or benefit specifically granted under the will.

A legacy is therefore a useful tool when you wish to leave a particular asset to a person or organisation without changing the overall structure of the estate.

Appointing an executor

Some estates are relatively straightforward.

Others may involve:

  • multiple properties;

  • assets held across different institutions;

  • international holdings;

  • a family business;

  • potential disagreements between heirs.

In such situations, it may be appropriate to appoint an executor to oversee the implementation of your wishes and assist with the administration of the estate.​‌

How can you protect your spouse or partner?

One of the most common objectives of estate planning is to strengthen the protection of a surviving spouse or partner.

The same question often arises for couples who live together without being married.​‌

  • Allocating the freely disposable portion

    A will allows you to allocate all or part of the freely disposable portion to a surviving spouse.

    This option has become more significant since the reform of inheritance law, which increased the portion of the estate that can be freely disposed of.‌

  • The right of residence

    The right of residence allows an individual to continue living in a property even if ownership of the property is transferred to the heirs, and without necessarily benefiting from any income that it could generate.

    This approach is often used when the primary objective is to allow a surviving spouse to remain in the family home.

  • Usufruct rights

    Usufruct can be an effective solution when the goal is to protect a surviving spouse while preserving the rights of children.

    A usufruct grants a person the right to:

    • use an asset;
    • receive income generated by that asset;

    without becoming the full legal owner.

    Example

    Jean dies leaving a spouse and two children.

    The family home represents the largest component of the family's wealth.

    A usufruct arrangement may allow the surviving spouse to continue living in the property or receiving income from it, while ownership ultimately belongs to the children.

    Such arrangements often help balance the interests of different generations.

Can you leave assets to someone who is not a statutory heir?

Yes.

This is one of the most common questions raised by unmarried couples and blended families.

A will may allow you to leave all or part of the freely disposable portion to:

  • an unmarried partner;
  • a stepchild;
  • a close friend;
  • a godchild;
  • a charitable foundation or association.

This flexibility remains subject to the compulsory portions of protected heirs.​‌

How does an inheritance agreement work?​‌

What is an inheritance agreement?

Unlike a will, which is a unilateral act, an inheritance agreement is a contract entered into between the testator and his or her heir(s), and must be authenticated by a notary in the presence of two witnesses.

Once signed, it cannot generally be amended at will by a single person. In principle, all parties involved must give their consent to cancel or amend it.

In certain exceptional cases, it is possible to cancel the inheritance agreement unilaterally, for example if the beneficiary commits an act constituting grounds for disinheritance or if one of the parties breaches the contractual agreements.

It is also possible to include provisions that can be revoked unilaterally, for example in the event of the death of a contracting party.

This stability, which is both its strength and its main difference from a will, enables several people to enter into reciprocal commitments with the assurance that the provisions set out cannot be unilaterally altered at a later date.

In which situations is the inheritance agreement particularly useful?

An inheritance agreement is frequently used in situations such as:

  • Blended families

    The inheritance agreement can help clarify the future rights of different branches of the family and reduce the risk of later disputes.

  • Business succession

    When one child is expected to take over the family business and other heirs must be treated fairly, an inheritance agreement can provide an effective framework.​‌ 

  • Waiver of inheritance rights

    An heir may agree to waive part or all of their future inheritance rights within a legally structured arrangement.​‌ 

    In such cases, an inheritance agreement prevents that heir, despite having renounced their inheritance, from asserting their claims at the time of the division of the estate.

The consequences of an inheritance agreement must be carefully considered

Because it creates rights for several parties, an inheritance agreement has long-lasting effects.

Since the revision of inheritance law in 2023, gifts made after the conclusion of an inheritance agreement may be contested if this possibility has not been provided for in the contract. This particular aspect illustrates the importance of careful consideration before signing.

An inheritance agreement should never be viewed as a mere administrative document.

It constitutes a genuine financial commitment.

Will or inheritance agreement: which is right for you?​

There is no universal answer. The choice depends primarily on your objectives.

A will is often appropriate when:

  • you wish to retain flexibility;

  • family circumstances are relatively straightforward;

  • future changes remain possible.

An inheritance agreement is often appropriate when:

  • several people must be involved in the decision-making process;

  • family arrangements need to be secured;

  • a business succession is being planned;

  • an inheritance waiver must be formalised.

In many estate planning situations, both tools can be used together.

Key takeaways

  • A will allows you to adapt the distribution of your estate to your family and personal circumstances.

  • An inheritance agreement provides a legally binding framework for long-term family arrangements.

  • Protecting a spouse, providing for an unmarried partner or transferring a business often requires specific estate planning measures.​‌

Let's talk about your legacy

Our specialists can help you design a wealth transfer strategy that reflects your wishes, protects the people who matter most to you and stays aligned with your family and financial circumstances.​

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Legal information

  • This site contains information relating to a large number of investment funds registered and managed in different jurisdictions. The information on this website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the distribution of or access to this website is prohibited. Persons subject to such local restrictions must not access this website. The information published on this website does not constitute a solicitation or an offer or a recommendation to buy or sell or to enter into any other transaction in investment instruments. Further information

In the next episode

Discover how lifetime gifts and advancements on inheritance can be used to transfer wealth during your lifetime, how they affect future inheritance rights and how to preserve fairness within the family.​‌

Read the next episode
FAQ

Frequently asked questions about wills and inheritance agreements​

The 360 Series

The "Estate Planning in Switzerland" series​‌

Turning life’s ambitions into lasting legacies.

This 360 series provides the essential insights you need to understand estate planning in Switzerland, helping you protect your loved ones and transfer your wealth with confidence.

  • Episode #1

    Estate planning in Switzerland: protecting and transferring your wealth

    Why plan your estate and protect the people who matter most?

    Read episode 1

  • Episode #2

    Swiss inheritance law

    Who will inherit your assets if there is no will?

    Read episode 2

  • Episode #3

    Matrimonial property regime and inheritance

    What belongs to your spouse before the estate is divided? 

    Read episode 3

  • Episode #4

    Wills and inheritance agreements

    How can you organise your estate according to your wishes?

  • Episode #5

    Lifetime gifts and advancements on inheritance

    How can you transfer wealth during your lifetime while preserving fairness among your heirs?

    Read episode 5

  • Episode #6

    Pension assets and life insurance

    How can you protect your loved ones through pension planning, Pillar 3a and life insurance?

    Read episode 6

  • Episode #7

    Complex succession situations

    How can you protect your family, your cohabiting partner or your business?

    Read episode 7

  • Episode #8

    Inheritance and gift tax

    Which taxes apply, and why do they vary from canton to canton?

    Read episode 8

  • Episode #9

    Planning your estate in five steps

    A five-step method to help you plan the transfer of your estate with peace of mind.

    Read episode 9

The information presented in this series is provided for general information purposes only and does not constitute personalised legal, tax or wealth planning advice. Family, financial and tax circumstances vary, and the implications of an inheritance or wealth transfer may differ significantly from one situation to another. Before making any decision, you should seek advice from a qualified specialist who can assess your individual circumstances.​

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